Incompatible Activities Statement
Under section 19990 of the Government Code, all officers and employees (collectively “employees”) of the State of California must avoid any activity, employment or enterprise that is inconsistent, incompatible, in conflict with or inimical to their employment duties. State agencies are required to adopt incompatible activities statements in order to inform employees about activities that are incompatible with their state service.
This Incompatible Activities Statement is intended to notify employees of the Department of Industrial Relations (DIR) about the types of activities that may violate section 19990 and result in disciplinary action up to and including employment termination. Violation of this Statement may also constitute a violation of other laws. For example, use of State resources for private gain may violate other provisions of the Government Code as well as the Penal Code.
This Statement does not contain an exhaustive list or attempt to anticipate and specify every prohibited activity. It is intended to supplement other applicable laws or policies regulating employee activities or conflicts of interest, such as the Political Reform Act (Gov. Code §§ 87100 et seq.). If employees have any questions about the interaction of this Statement and other applicable rules, or if they have questions as to whether certain activities violate this Statement, they should consult with their supervisor.
Activities that violate this Statement include:
- Using the prestige or influence of DIR or the employee's position for the employee's private gain or advantage, or for the private gain or advantage of another.
Performing any work for or having any direct financial, managerial or other interest in any organization, business, law or consulting firm that advocates for or otherwise represents persons, organizations, businesses or other interests that may be subject to review, control, inspection, licensing or audit by the employee’s division or office.
Directing, approving or otherwise providing improper personal or professional benefits as a result of the employee’s position with DIR to the employee’s spouse, relative, in-law or domestic partner, including placing or otherwise doing business with, a company directly or beneficially owned or controlled by the employee’s spouse, relative, in-law or domestic partner.
- Using state time, facilities, equipment (including, but not limited to copy machines, telephones, vehicles, postage meters, data processing or word processing equipment or computers), or supplies for the employee's private financial gain or personal advantage, or for the private financial gain or personal advantage of another.
This provision includes the disposition of replaced or discarded state equipment, including computer equipment. Such equipment must be returned to the appropriate State disposition site and may not be distributed for employee personal use or donation to another person, business, organization or government institution.
- Using or having access to confidential information acquired by virtue of State employment for private gain or advantage. Confidential information includes, but is not limited to: names, addresses, social security numbers or other identifying information about state employees, applicants, licensees, assessees, permittees or witnesses; financial and personnel data; mailing lists; budgets; pending cases, assessments or other subjects of State business, inquiry or action; and any other information derived from State files or records.
- Disclosing confidential information to persons to whom issuance of this information has not been authorized.
- Receiving or accepting money or any other consideration from anyone other than the State for the performance of an act which is part of the employee’s duties as a State employee.
Speaking, teaching, consulting, or publishing activities undertaken during non-work hours that relate to employment at DIR are permissible so long as the activities do not otherwise violate this Statement (e.g., use of State property or work time, or disclosure of confidential information) or any other applicable State, DIR or Divisional policy, and the employee verbally or in writing identifies his or her employment with the State and such a statement is accompanied by an appropriate disclaimer that the views expressed are the employee’s own and do not necessarily reflect the views of the State or DIR.
- Performance of an act in other than one’s capacity as a State employee, knowing that the act may later be subject, directly or indirectly, to the employee’s control, inspection, review, audit or enforcement.
Engaging in any activity that would seriously affect the employee’s ability to deal objectively with inquiries, disputes, assessments, cases or problems that would arise in or as part of the employee’s duties in the normal course of work.
All employees are prohibited from soliciting business or employment, either on their behalf or on behalf of any other person, from any individual, business or entity with business before any division of DIR, with the expressed or implied promise that as a result of such business or employment the individual, business or entity will receive more favorable treatment from DIR.
- Receiving and accepting, directly or indirectly, any gift, including money, or any service, gratuity, favor, entertainment, hospitality, loan, or any other thing of value from anyone who is doing or is seeking to do business of any kind with the employee's appointing authority, or whose activities are regulated or controlled by the appointing authority, or whose activities are regulated or controlled by the appointing authority under circumstances from which it reasonably could be substantiated that the gift was intended to influence the employee in his or her official duties or was intended as a reward for any official actions performed by the employee.
- Subject to any other applicable laws, rules, or regulations, not devoting full time, attention, and efforts to the employee’s State office or employment during his or her hours of duty as a State employee.
In addition to the incompatible activities described above, the following describes activities that are incompatible with the job duties of employees in the specified divisions of DIR
Employees of the Office of Self-Insured Plans
The following activities shall be considered incompatible with the duties of an employee of the Office of Self-Insured Plans:
- performing independent audits on a private basis of self-insured companies, ex-self-insured companies with outstanding liabilities, or candidates for self-insurance;
- disclosing financial information, including claims liabilities, estimated future liabilities, or security deposit amounts of requirements for self-insured employers; and
- teaching regulated self-insured employees on a private basis, except that, employees may address professional members of associations such as the Insurance Education Association (IEA) on a private basis and teach community college courses.
Employees of the Office of the Director, Policy and Research
The following activities shall be considered incompatible with the duties of an employee of the Office of the Director, Policy and Research:
- activities involving the evaluation of wages paid on public works;
- activities in which an employee’s access to confidential Policy and Research data may be involved or relevant; and
- activities involving expert witness testimony regarding payment of wages or occupational injury or illness.
These prohibitions include activities with employers, attorneys representing clients in the described areas, employer associations, non-profit, governmental or labor organizations, or universities.
Employees of the Division of Occupational Safety and Health
The following activities shall be considered incompatible with the duties of an employee of the Division of Occupational Safety and Health:
- providing testimony as an expert witness or with respect to the application of occupational safety and health standards in any matter involving an injury to an employee; and
- private consultation on behalf on an employer or other entity to determine compliance with occupational safety and health standards.
All DIR Employees
It is the responsibility of any employee who is engaging in, or plans to engage in, any paid or compensated employment, activity or enterprise which relates to employment at DIR, and which reasonably may be construed as being incompatible with his or her duties as a state employee, or in conflict with his or her assigned duties, in addition to his or her employment at DIR, to consult with the employee’s supervisor or manager to determine if such activity could potentially violate this Statement.
Any employee of DIR who is engaging in, or plans to engage in, any employment, consulting business, activity, or enterprise for which the employee receives any form of compensation and which reasonably may be construed as being incompatible with his or her duties as a state employee, or in conflict with his or her assigned duties, must file a Request for Determination with the Chief of his or her Division with a copy to his or her direct supervisor, and receive a written determination that such outside employment is not inconsistent, incompatible or in conflict with the employee’s duties with DIR.
If an employee is notified that he or she has violated any provision of this Statement, or if an employee is notified that any outside employment or consulting business in which the employee wishes to engage is in violation of any provision of this Statement, the employee may file an appeal as follows.
Employees covered by a Memorandum of Understanding (MOU) may appeal the decision as provided for in the applicable MOU.
Excluded employees may appeal up to the third level of the excluded employee grievance procedure set forth in Department of Personnel Administration Rule 599.859. Within fifteen (15) working days of the third-level decision, the excluded employee may file a written appeal with the DIR Director. The appeal shall contain: (i) any request to engage in the employment, consulting business, activity or enterprise; (ii) any response to the request; and (iii) a statement explaining why the employee believes he or she has not violated any provision of this Statement, or why the employment, consulting business, activity, or enterprise in question is not incompatible, inconsistent or in conflict with his or her duties as a state employee. Within fifteen working days after receipt of the appeal, the Director, or his or her designee, will review the appeal and issue a determination. The time limits expressed herein may be extended by mutual agreement between the employee and the Director, or designee. In all cases, the decision of the Director or the designee shall be final.
This statement was last revised in 2012.